Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: supreme court of india Page 2 of about 11,022 results (0.316 seconds)

The Commissioner of Income-tax, Bombay City Vs. the Khatau Makanji Spi ...

Court : Supreme Court of India

Reported in : AIR1960SC1022; (1961)63BOMLR218; [1960]40ITR189(SC); [1960]3SCR873

..... rate at which income-tax is to be charged upon the total income of the previous year of the assessee. in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parliament has done so then no effective charge can be made on the total income of the previous year of the assessee under the provisions ..... charged under clause (ii) of the proviso to paragraph b of part i of the first schedule to the indian finance act, 1951, as applied to the assessment year 1953-54 by the indian finance act, 1953, read with section 3 of the indian income-tax act ?' this question was answered by the high court in the negative. 6. in the opinion of the high court ..... , s. 3 of the indian income-tax act lays down the liability to tax, and it puts the tax on the .....

Commissioner of Income Tax Kolkata-iii Vs. Alom Extrusions Limited

Court : Supreme Court of India

Reported in : (2009)227CTR(SC)417; [2009]319ITR306(SC); JT2009(14)SC441; 2009(14)SCALE163; (2010)1SCC489; [2009]185TAXMAN416(SC)

..... 1st april, 1988.15. we find no merit in these civil appeals filed by the department for the following reasons: firstly, as stated above, section 43b [main section], which stood inserted by finance act, 1983, with effect from 1st april, 1984, expressly commences with a non-obstante clause, the underlying object being to disallow deductions claimed merely by ..... the welfare fund right upto 1st april, 2004, and who pays the contribution after 1st april, 2004, would get the benefit of deduction under section 43b of the act. in our view, therefore, finance act, 2003, to the extent indicated above, should be read as retrospective. it would, therefore', operate from 1st april, 1988, when the first ..... out of s.l.p. (c) no. 23851 of 2007].7. prior to the amendment of section 43b of the act, vide finance act, 2003, the two provisos to section 43b of the act read as under:provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) or clause (c) or clause .....

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

..... /s. mysodet pvt. ltd. bangalore by paying charges therefore under a contract. on the basis of these facts, the high court in the earlier decision : [1978]115itr73(mad) : [1978]115itr73(mad) concluded that the relevant section of the finance act - section 2(6)(c) - suggests that the appellant company itself should engage in the entire activity which leads to the final processing of the goods. in ..... the assessment year 1971-72 and the court held that the assessee is not an industrial company coming within the meaning of section 2(6)(c) of the finance act no. 2 of 1971. the said decision is reported in : [1978]115itr73(mad) : [1978]115itr73(mad) . when the matter came up for consideration in subsequent years 1974-75, 1976-77 and 1977-78, the earlier .....

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... for its leviability on the assessees liability to pay income-tax but on assessed tax.13. therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge ..... entry 82 of list i of schedule vii to the constitution of india, 1950 (in short the constitution). that power is not traceable to section 4 of the act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which acharge on the total income of ..... in the present case took place on 6-4-2000 which was much prior to the date of amendment made in section 113. the amendment was incorporated on 1-6-2002 by inserting proviso to section 113 by finance act, 2002. it was by the amendment that levy of surcharge on the disclosed (sic-undisclosed) income was specifically provided .....

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

..... is to operate prospectively. learned counsel appearing for the assessees sagaciously contrasted the aforesaid stipulation while effecting amendment in section 113 of the act, with various other provisions not only in the same finance act but finance acts pertaining to other years where the legislature specifically provided such amendment to be either retrospective or clarificatory. in so ..... appeal in question.7. it is clear from the aforesaid narration that the high court has taken the view that proviso inserted in section 113 of the act by the finance act, 2002 was prospective in nature and the surcharge as leviable under the aforesaid proviso could not be made applicable to the block ..... the opinion of cit, this led to income having escaped the assessment. according to the cit, in view of the provisions of section 113 of the act as inserted by the finance act, 1995 and clarified by the board circular no.717 dated 14.08.1995, surcharge was leviable on the income assessed. according to .....

K. Arumugam Etc. Etc. Vs. Union Of India And Ors. Etc.

Court : Supreme Court of India

..... and does not involve any page 5 of 25 service to the state in terms of promotion or marketing under the explanation to section 65(19)(ii) of the finance act, 1994 as amended by the finance act, 2008. the tickets sold were mainly for lotteries organized by the states of kerala and sikkim as well as the government of ..... sought to levy service tax on the premise that the activity which the appellants were/are carrying on was a business auxiliary service within the definition of section 65(19) of the finance act, 1994 and therefore, chargeable to service tax. the same was resisted by these appellants by filing writ petitions before the high courts. 3.9 ..... the main provision which defines business auxiliary service and also contrary to the judgment of this court in sunrise associates and having regard to clause (50) of section 65 of the finance act, 1994. no doubt the explanation was omitted with effect from 01.07.2010. however, these cases pertain to the period prior to 01.07.2010. therefore .....

Assistant Controller of Estate Duty and ors. Vs. Prayag Dass Agarwal

Court : Supreme Court of India

Reported in : AIR1981SC1263; (1981)22CTR(SC)118; [1981]129ITR404(SC); 1981(1)SCALE786; (1981)3SCC181; [1981]3SCR576; 1981(13)LC513(SC)

..... after the former estate duty was replaced by the new tax known as capital transfer tax by the british finance act 1975 (vide section 22 of the finance act 1975). the relevant part of paragraph 17 of schedule 4 to that act reads thus :17 (1) the board may, if they think fit on the application of any person ..... of duty : -(1) real and leasehold property : -by section 56(1) of the finance (1909-10) act, 1910, as extended and amended by section 49 of the finance act, 1946 (which applies to deaths at any time) and the finance act, 1946 (which applies to deaths at any time) and the finance act, 1949, sched. xi, pt. iv the commsisioner's may, ..... the commissioners of inland revenue could accept any property under section 56 of the finance (1909-10) act 1910 in satisfaction or part satisfaction of any estate duty and amended the latter act accordingly. section 56(1) of british finance (1909-10) act, 1910 which was again amended by the british finance act of 1949 read thus :56(1) the commissioners may, .....

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

..... consultancy or technical assistance in any discipline of engineering was taxable only if such services were provided by a consulting engineer as defined in section 65(31) of the finance act. according to the tcs, service provided by a company even when it may have engaged qualified engineers to carry on or promote its ..... consulting engineer is liable to pay the service tax. the only question which remains is, whether under the erstwhile definition of consulting engineer under section 65(31) of the finance act, 1994, a body corporate providing services as consulting engineer was liable to pay the service tax or not?.6. while considering the present issue ..... respondent. 4.1 it is vehemently submitted that considering the provisions which was prevailing before the amendment on 01.05.2006 on interpretation of section 65 (31) of the finance act, 1994 and considering the fact that the definition of consulting engineer has been subsequently amended from 01.05.2006 to specifically include such .....

Union of India (Uoi) and ors. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)

..... alia on manufacture of tyres from year to year up to 1971 by various finance acts passed from time to time. the levy of special duty of excise was discontinued from 1972 until 1978 when it was again revived by the finance act 1978. thereafter, it continued to be levied from year to year right up to ..... must be construed as duty of excise payable under the central excise and salt act, 1944. the respondents sought to combat this conclusion by relying on sub-section (4) of section 32 of the finance act, 1979-there being an identical provision in each finance act levying special duty of excise-which provided that the provisions of the central ..... read as granting exemption only in respect of duty of excise payable under the central excise and salt act, 1944. undoubtedly, by reason of sub-section (4) of section 32 of the finance act, 1979 and similar provision in the other finance acts, rule 8(1) would become applicable empowering the central government to grant exemption from payment of special .....

The Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. Naga Hill ...

Court : Supreme Court of India

Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510

..... at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the ..... was computed at rupees 26,357/-. on that a rebate of rupees 16.114/- was allowed under the provisions of the finance act 1959. thereafter that rebate was withdrawn by the income tax officer on the ground that there was an unabsorbed reduction of rebate ..... by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). the question referred to the high court for its opinion reads:whether, on the facts ..... from dividends in accordance with the provisions of sub-section (3-d) of section 18 of that act; and(b) is such a company as is referred to in sub-section (9) of section 23-a of the income-tax act with a total income not exceeding rs. 25,000 .....